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STRICKLAND v. OWENS CORNING

No. 96-6169.

142 F.3d 353 (1998)

Joann STRICKLAND, Executrix of the Estate of John Hagan, Plaintiff-Appellee, Travelers Insurance Company, Intervening Plaintiff-Appellee, v. OWENS CORNING, formerly known as Owens Corning Fiberglas Corporation, Defendant-Appellant, W.R. Grace and Company, et al., Defendants.

United States Court of Appeals, Sixth Circuit.

Decided April 23, 1998.

Rehearing Denied June 18, 1998.

Attorney(s) appearing for the Case

Kenneth L. Sales (argued and briefed), Segal, Isenburg, Sales, Stewart, Cutler & Tillman, Louisville, KY, Marc P. Weingarten, Greitzer & Locks, Philadelphia, PA, for Plaintiff-Appellee.

Judson Fuller Devlin, Fulton & Devlin, Louisville, KY, for Intervenor-Appellee.

Donald K. Brown, Jr. (argued and briefed), John L. Dotson (briefed), Eric A. Paine (briefed), O'Bryan, Brown & Toner, Louisville, KY, for Defendant-Appellant.

Before: NELSON, SUHRHEINRICH, and GILMAN, Circuit Judges.

OPINION

SUHRHEINRICH, Circuit Judge.

This appeal arises from a products liability and wrongful death action against Appellant Owens Corning, a former manufacturer and distributor of Kaylo, an asbestos-containing insulation product. The action was brought in federal district court by the estate of John Hagan, who died of an asbestos-related form of lung cancer. At trial, a jury found Kaylo to be a defective product, determined Hagan's damages to be $1,767...

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